[EL] Unusual Ad in Utah's Major Paper

David A. Holtzman David at HoltzmanLaw.com
Sun Nov 6 23:49:24 PST 2016


Thanks, Barnaby.
That makes sense.
I just wish initiative proponents could get legislative leaders' 
standing in federal courts.
Hollingsworth v. Perry put the kibosh on that.
   - dah

On 11/6/2016 10:07 PM, BZall at aol.com wrote:
> Yes it does. The IRS considers ballot initiatives to be lobbying, 
> which even a c3/church can engage in to some degree (the degree 
> depending on whether it chooses the mechanical/501(h) test or the 
> older "substantial part" test). Jerry Walsh-Skelly, then at Treasury 
> when the 501(h) regs were being drafted, and I agreed that in a ballot 
> initiative the voters are "legislators," so the lobbying test (to be 
> precise, the "direct lobbying test for communications directly to 
> legislators) was more appropriate. See Treas. Regs. 
> 56.4911-2(b)(1)(iii). And the deductibility question is more detailed 
> and complex, and probably beyond the boundaries of this list.
> Barnaby Zall
> Law Office of Barnaby Zall
> 685 Spring St. #314
> Friday Harbor WA 98250
> 360-378-6600
> bzall at aol.com
> In a message dated 11/6/2016 9:31:56 P.M. Pacific Standard Time, 
> David at HoltzmanLaw.com writes:
>
>
>
>     So. In California, "Bend the Arc: A Jewish Partnership for
>     Justice" may have gotten the spelling of Ark wrong, but offers a
>     guide to the statewide ballot propositions:
>     http://www.bendthearc.us/sites/default/files/bend-the-arc-2016-voter-guide.pdf
>
>     which reminds me:
>     Bend the Arc has a PAC and a 501(c)(4) piece,
>
>     but I don't know of any temple/synagogue that has those.
>     I saw this picture on Facebook recently
>     (since I doubt it will display to the group, I'll tell you that
>     it shows [L.A. Mayor] Eric Garcetti and temple members at a Metro
>     station holding signs that
>     read in relevant part, "Leo Baeck Temple ... Measure M ... VOTE YES"):
>
>     I wondered if this is a no-no of any sort for a temple.  (It says
>     on its website
>     "LBT is a non-profit organization and your gift is tax deductible
>     to the extent permitted by law.")
>     I also wondered if the federal government treats state ballot
>     measures differently than state candidate elections for tax law
>     purposes.
>     Forgive me if I've asked about that before.
>       - dah
>
>
>
>     On 11/6/2016 4:55 PM, Edward Still wrote:
>>     May the "ark" of history be ever in your favor.
>>
>>
>>     Edward Still
>>     Edward Still Law Firm LLC
>>     429 Green Springs Hwy, STE 161-304
>>     Birmingham AL 35209
>>     205-320-2882
>>     still at votelaw.com
>>     www.linkedin.com/in/edwardstill <http://www.linkedin.com/edwardstill>
>>     Twitter: @edwardstill
>>
>>
>>
>>
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>
>
>     -- 
>     David A. Holtzman, M.P.H., J.D.
>     david at holtzmanlaw.com
>
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-- 
David A. Holtzman, M.P.H., J.D.
david at holtzmanlaw.com

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